Supreme Court May Hear Case on Banning US flag on Cinco
de Mayo
by William Bigelow30 Mar 2015
The U.S. Supreme Court, prompted by the May 5, 2010 incident at Live
Oak High School near San Jose where
several students were punished after they wore shirts emblazoned with the
American flag on Cinco de Mayo, may institute new standards for free speech.
On Cinco de Mayo 2009, Mexican-American students at the school raised
a Mexican flag and marched around the campus, some white students responded by
chanting, “USA! USA!” The white students answered one year later with the
shirts adorned by American flags; the Mexican-American students then called
them racists and protested to Assistant Principal Miguel Rodriguez.
Rodriguez told some of the white students wearing the shirts
to American flag to turn their shirts inside out or leave the school; they left
the school. Parents including John and Dianna Dariano and two other families
then sued the school, filing a free-speech suit (Dariano v. Morgan Hill
Unified School District), but a federal judge in San Francisco said the
school was trying to prevent violence. That decision was upheld by the 9th Circuit
Court in San Francisco in 2014, when it refused to rehear
the case.
The Supreme Court’s standard has been that the
First Amendment protects the rights of students to peacefully protest at
school, as long as there is no subsequent “substantial disruption.”
In February 2014, William Becker, an attorney representing
the students, said that if the
appeals court refused to rehear the case, he would appeal to the U.S. Supreme
Court, saying, “The 9th Circuit upheld the rights of Mexican students
celebrating a holiday of another country over U.S. student proudly supporting
this country.”
Now an appeal in Dariano v. Morgan Hill Unified School
District stands before the Supreme Court, asking whether wearing an
American flag in an American, taxpayer-funded school is deemed an unnecessary
provocation against Mexican aliens celebrating a Mexican holiday, or stands as
a 1st Amendment right. The school district’s attorneys want the Supreme Court
to dismiss the case; but some 1st Amendment lawyers think the Supreme Court may
consider the matter, according to the
Los Angeles Times.
The only case involving free speech and public schools
considered by the Supreme Court in recent years occurred in 2007, when the
court said a principal could discipline a student with a banner reading, “Bong
Hits for Jesus.” The court stated that the banner could be construed as
promoting illegal drugs.
San Jose
Ron
Gonzales was the mayor for San Jose
(CA), is a director at the National
Alliance for Public Charter Schools, and Allen Ruby is his attorney.
Note: Raben Group is
the lobby firm for the National Alliance
for Public Charter Schools, a public relations firm for Mexico, and was the lobby firm for the Morehouse School of Medicine.
Ernesto
Zedillo was the president for Mexico,
and a board member for the International
Crisis Group.
George
Soros is a board member for the International
Crisis Group, the founder & chairman for the Open Society Foundations, was married
in 2013, and a supporter for the Center
for American Progress.
Open
Society Foundations was a funder for the Center for American Progress, and the American Constitution Society.
Gavin
Newsom was an invited to George
Soros’s 2013 wedding reception, the San
Francisco (CA) mayor, and is the lieutenant governor for the California state government.
Melody
C. Barnes was the EVP for the Center
for American Progress, a principal for the Raben Group, a domestic policy council, director for the Barack Obama administration, and is Barack Obama’s golf partner.
Robert
Raben is the president of the Raben
Group, was a director at the American
Constitution Society, and an assistant attorney general for the U.S. Department of Justice.
Eric H. Holder Jr.
was a board member for the American
Constitution Society, a partner at Covington
& Burling LLP, is the attorney general at the U.S. Department of Justice for the Barack Obama administration, and a trustee at the Morehouse School of Medicine.
Alex
Kozinski was an attorney at Covington
& Burling LLP, and is the chief judge for the U.S. Court of Appeals for the 9th Circuit.
Jerome
Farris is a senior judge at the U.S.
Court of Appeals for the 9th Circuit, and a trustee at Morehouse College.
Spike
Lee was a trustee at Morehouse
College, and is an Oak Bluffs (MA)
homeowner.
Louis W. Sullivan
is an Oak Bluffs (MA) homeowner, and
was the president of the Morehouse School
of Medicine.
Vernon E. Jordan
Jr. is an Oak Bluffs (MA)
homeowner, Antoinette Cook Bush’s
stepfather, Valerie B. Jarrett’s
great uncle, a director at the American Friends of Bilderberg (think
tank), and a 2008 Bilderberg conference participant (think tank).
Antoinette Cook
Bush is Vernon E. Jordan Jr’s
stepdaughter, and was a partner at Skadden,
Arps, Slate, Meagher & Flom LLP.
Allen
Ruby is a partner at Skadden, Arps,
Slate, Meagher & Flom LLP, and is Ron
Gonzales’s attorney.
Ron
Gonzales’s attorney is Allen Ruby,
a director at the National Alliance for
Public Charter Schools, and was the mayor for San Jose (CA).
Joyce Foundation
was a funder for the National Alliance
for Public Charter Schools.
Valerie B. Jarrett
was a director at the Joyce Foundation,
is Vernon E. Jordan Jr’s great niece, the senior
adviser for the Barack Obama
administration, and a member of the Commercial
Club of Chicago.
Newton
N. Minow is a member of the Commercial
Club of Chicago, and a senior counsel at Sidley Austin LLP.
Barack
Obama was an intern at Sidley Austin
LLP.
R.
Eden Martin is counsel at Sidley
Austin LLP, and the president of the Commercial
Club of Chicago.
Kathleen L. Brown
is a member of the Commercial Club of
Chicago, Jerry Brown’s sister,
and was the California state government
treasurer.
Jerry
Brown is Kathleen L. Brown’s
brother, and the California state
government governor.
Gavin
Newsom is the lieutenant governor for the California state government, was the San Francisco (CA) mayor, and an invited to George Soros’s 2013 wedding reception.
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